Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-05-31
The STATE RESTS.
Progress of the Baxter Murder Trial at
New MartInsyilIe, Yesterday.

he lived on Haine's run near Proctor; has
been living in the neighborhoOd working
at his trade for the past ten years; was ia
miliar with the guns Of the neighborhoOd;
was acquainted with some three or four
hundred guns. The witness WAS here asked
concerning his information of guns of the
neighborhoOd, which was objected to by
the defense, ii being in the same line of
evidence offered by the State heretofore
and objected TO by the defense.
This question bObs up serenely on all
occasions, and is as hard to down as
Banquo's ghost. The Court held as before.
Witness said he had not gone around the
neighbOrhOOd examining guns, but was
familiar with great many guns; he had
repaired u great many since and before the
shooting of Baxter; had examined and re-
paired over one hundred and fifty; had
seen none like this since Baxter was killed !;
kGd repaired o similar gun before BaXter's
death some two years; his partner bored
the gun out at that time and name shot
gun of it; the gun and bullet were here
put in the hands of the witness, who eX-
amined them with q glass; said that the
bullet was fired from that gun OF the mate
to it; that the bullet mt and the
rifles cOrresponded; that before the
bullet goes through gun it is
larger than when it comes out;
said he could take a bullet out of a cart
ridge so as TO preserve the bullet, powder
and case. A cartridge was here given the
witness to open and return. This gun is
more powerful than any in the neighbor
hood; tried gun like this once distance
of three hundred yards and it carried up
and mashed the halls. CroSs-examined by
Arnett: The nearest gunsmith to me is
here in town; noticed all the guns that
came into my shop after the murder. The
witness was asked if he supposed the assas-
sin would bring the gun to his shop. OBJ
jected to by the State rs being argumenta-
tive. Objection Overruled. State eX-
cepted to the of ruling of the Court. Wit
ness said there might be other guns
in the neighbOrhOOd like this that
he saw volunteer company of
some forty men here in town
with these kind of guns; did not know
whether the guns had been gathered up
by government after company disbanded;
could not make such plain impressions on
q ball by showing it into the muzzle of the
gun with the hand; rifles in squirrel guns
are more numerous; bullets will lose weight
when fired from gun.
Re-examined by DOvener: The ball was
OblUng; could easily tell whether the bull
let had been loaded in the breech or muz-
Zle; q long bullet does not swell much at
the butt; have seen Colts repeating rifles
and revOlverS.
J. N. Baxter, brother OF the murdered
man, was called and testified that he was
not there until the morning after his
brothers. death; measured the apple tree;
it measured one foot i'll diameter;
il was seven feet four inches
from the ground to the bullet
hole in the side of the house; said it was
(l3) feet and some inches from
the apple tree to the stone steps; saw the
gun fit in the indenture of the gun ut the
foot of the tree; one side would fit, the
other would not; he took the board intro
duced in the evidence from the house; it
was four feet to the first fork of the tree on
the upper side, about five feet on the lower
side; the toe of the gun fit; the impression
was about three eighths of an inch and
one and One-half inch long; the ground was
hard around the tree.
Adjourned for dinner.
Joseph Young was recalled and pro
duced the cartridge opened. lie testified
irs follows: | opened the cartridge handed
me this morning; the powder is iirst-class
steel grain; moderate charge. The bullet,
powder and case were introduced i'll eyi-
dence separately. The defense here re-
newed their motion to strike out the evl-
dence of witness relative TO guns i'll the
neighborhOOd. The Court reserved its
opinion on the point for the present. Capt.
Doyener insisted on decision before the
State proceed further with the examina-
ton, in order that he could proceed intel
liyently. The State here offered to intro
duce witness to prove whata witness had
said before the grand jury at the time New
man WAS indicted. The jury was re-
tired and the question discussed and au-
thOrities cited. The State withdrew the
offer To introduce the evidence.
The admissability of the evidence of
the deceased's little boy rs to John New
man lurking around BaXter's fields some
two weeks before the murder was again
raised and discussed the defence urging
their objection that it raised collateral
issue. The following is what the State
propose to prove by the boy: That Jno.
Newman was seen lurking around
Baxter's wheat field where he haG
been ploughing in the forenoon, but
failed to come back in the afternoon but
sent one in his place to plough; that
Newman was seen lying flat OH the ground
with gun in his hands pointing in the di-
rection of where Baxter had been plough
ing: that when he saw that Baxter did not
come back in the afternoon he got up and
walked away: that the attention OF the
man who was ploughing was called to
to the fact by the boy who examined the
place and found toe marks where he had
been lying on the ground and marks on
the fence where the gun had been pointed
through. The Court held the evidence
improper and would not permit it TO he
introduced. The State excepted to the
ruling of the Court.
The defense moved to strike ont the
evidence of Mrs. Elizabeth Baxter and
Missouri Hall "a to threats of John New
man, on the ground that Baxter's name
was not mentiOued at the time. Court re-
served its opinion. The State rested.
The first witness introduced by the de-
fense was w. F. Moore. He testified that
he lived on Proctor; was fOrty-One years
old; lived two miles from Jacob Baxter;
was at Baxter's house shortly after his
death; same night Baxter was shot; did
not stay all night; went home
that night; returned 10 Baxter's next
morning and stayed all day; was there
when John Newman WAS brought there;
saw the gun that Sheriff Slender brought
there where he brought Newman; saw in
dentation of gun at foot of apple tree,
and saw gun fit in impression; could not
saw whether it fit or not, but do not think
it would; it would have to lay almost fiat
with cock up; it looked more like the i'm
preston Of rifle gun, or the impression OF
n large cane; saw an indentatiOn made with
the gun but it did not look like the one at
the foot of the apple tree; the impression
was about or I of an inch deep and t OF
an inch long; northeast Of apple tree there
is a smoke house; that there are several
other trees in the vicinity Of the apple tree
not far distant; got there about nine
o'clock; twenty-five or thirty people there
he p.aNnla tramnEsi